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NY J86433




July 1, 2003

CLA-2-19:RR:NC:2:228 J86433

CATEGORY: CLASSIFICATION

TARIFF NO.: 1904.10.0040

Ms. Kelly O’Neill
All-Ways Forwarding Int’l Inc.
701 Newark Avenue
Suite 300
Elizabeth, NJ, 07208

RE: The tariff classification of a breakfast cereal product from Switzerland.

Dear Ms. O’Neill:

In your letter dated June 18, 2003, on behalf of World Finer Foods, you requested a tariff classification ruling.

A sample and manufacturer flow charts were submitted with your letter. The sample was examined and disposed of. Familia Fit Crisp is a dry mixture of roasted oat, corn, spelt, wheat, and wheat-soy flakes, wheat and rye flour, crispies (rice, corn, wheat, raw sugar, rye, barley, malt, salt, cocoa), cranberries, raw sugar, apple pieces, apple juice concentrate, peanut oil, inulin, skim milk, coconut powder, honey, and salt. It is put up in a plastic package containing 500 grams, net weight.

The applicable subheading for the Familia Fit Crisp will be 1904.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared foods obtained by the swelling or roasting of cereals or cereal products containing cane and/or beet sugar. The rate of duty will be 1.1 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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